Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > RESOURCE CENTER > Prison & Criminal Legal Help!
Register Entertainment FAQ Calendar Mark Forums Read

Prison & Criminal Legal Help! Ask questions, get opinions, and find resources on dealing with criminal justice legal issues, appeals, and more..

Reply
 
Thread Tools Display Modes
  #1  
Old 04-21-2020, 08:13 AM
juliehenke263 juliehenke263 is offline
Registered User
 

Join Date: Apr 2020
Location: new Braunfels
Posts: 5
Thanks: 13
Thanked 16 Times in 5 Posts
Default Lein on inheritance to pay for atty fees?

is it possible to retain a attorney and pay for legal fees by putting a Len on my inheritance / irrevocable trust ? seeing legal representation for my 22 yr old who is serving life w parole and did a guilty plea .would like to file post conviction on grounds of insufficient counsel and take it to trail for a lessor charge which he failed to mention or even attempt since the family refused to keep the death penalty in cap charge. if we would have known this we have taken to trial and proved his self defense. conviction was on 2/27/20..
the money is there idk what the fee is I want my son him . I just can't touch it for several years. I'm in Texas
__________________

*God gives his toughest Battels to his strongest soldiers.
Reply With Quote
The Following User Says Thank You to juliehenke263 For This Useful Post:
Osugirl (10-01-2020)
Sponsored Links
  #2  
Old 04-21-2020, 11:02 AM
yourself yourself is offline
attorney
 

Join Date: May 2010
Location: around
Posts: 12,144
Thanks: 4,405
Thanked 22,337 Times in 7,756 Posts
Default

No. You do not have anything right now but an expectancy and that expectancy is not subject to a mechanics or other form of lien.

An expectancy means that you are next in line to receive the benefits of that trust but there is no guarantee that you will actually survive to the point that the trust terminates.
Reply With Quote
The Following User Says Thank You to yourself For This Useful Post:
fbopnomore (04-21-2020)
  #3  
Old 04-22-2020, 02:11 PM
enigmaingr enigmaingr is offline
Attorney
 

Join Date: Jun 2011
Location: Michigan, USA
Posts: 90
Thanks: 11
Thanked 100 Times in 53 Posts
Default

Quote:
Originally Posted by juliehenke263 View Post
is it possible to retain a attorney and pay for legal fees by putting a Len on my inheritance / irrevocable trust ? seeing legal representation for my 22 yr old who is serving life w parole and did a guilty plea .would like to file post conviction on grounds of insufficient counsel and take it to trail for a lessor charge which he failed to mention or even attempt since the family refused to keep the death penalty in cap charge. if we would have known this we have taken to trial and proved his self defense. conviction was on 2/27/20..
the money is there idk what the fee is I want my son him . I just can't touch it for several years. I'm in Texas

Unfortunately, you don't have the ability to grant such a lien; most attorneys are going to want cash up front. Secondly, you should approach financing any guilty plea appeal with caution. An appeal attorney would need to find some way around the fact that your son made an admission in open court, where a judge (not the attorney) advised him of his right to have a trial and inquired as to whether anyone promised or threatened him with anything not declared on the record. If you son won, the plea could be withdrawn, but if the self defense claim loses, it sounds like he could get life without parole, or even the death penalty. Without knowing anything about the case, life WITH parole eligibility sounds decent.
Reply With Quote
The Following 2 Users Say Thank You to enigmaingr For This Useful Post:
sidewalker (04-23-2020), yourself (04-22-2020)
  #4  
Old 04-22-2020, 05:13 PM
yourself yourself is offline
attorney
 

Join Date: May 2010
Location: around
Posts: 12,144
Thanks: 4,405
Thanked 22,337 Times in 7,756 Posts
Default

Yeah, an IAC is going to be difficult. And yeah, if he wins, he is back to square one, with all available penalties on the table. While his current sentence sucks, it could be a lot worse.

You should know that self defense is an affirmative defense - he admits the conduct but says that there is a reason for it that meets the burden of self defense in his state. Most juries are not that apt to buy a self defense affirmative defense, especially in death penalty trials as a jury in a death case is death qualified, meaning they only serve if they are capable and willing to impose the death penalty on a person. This shifts a jury a bit more towards conviction whether they impose the death penalty or not.

Further, the will of the family of the victim rarely has any impact on what the State decides to do. For example, the last firing squad execution in Utah was for an inmate who killed an attorney while trying to escape from a courthouse. That attorney and his family were anti-death penalty and the guy's daughter spoke to this and spoke up for the guy for the entire time - from trial to execution. It did not matter. And that is one of at least a dozen cases I can think of where the victim or the family of the victim did not want the death penalty for the defendant.

So, yeah, once you do have your money, think long and hard about what you want to spend it on - trying to overcome a plea is very difficult, especially with IAC (attorneys have slept through parts of trials and still the defendant has been found to have received competent assistance of counsel - in death penalty cases even). They are very expensive, and if you prevail, you have a trial to prepare for. A death penalty trial is perhaps the most expensive trial if you are footing the bill for an attorney (okay, some complicated RICO and some really deep white collar financial crimes can be more costly).
Reply With Quote
The Following User Says Thank You to yourself For This Useful Post:
sidewalker (04-23-2020)
  #5  
Old 04-23-2020, 11:13 AM
enigmaingr enigmaingr is offline
Attorney
 

Join Date: Jun 2011
Location: Michigan, USA
Posts: 90
Thanks: 11
Thanked 100 Times in 53 Posts
Default

Quote:
Originally Posted by juliehenke263 View Post
is it possible to retain a attorney and pay for legal fees by putting a Len on my inheritance / irrevocable trust ? seeing legal representation for my 22 yr old who is serving life w parole and did a guilty plea .would like to file post conviction on grounds of insufficient counsel and take it to trail for a lessor charge which he failed to mention or even attempt since the family refused to keep the death penalty in cap charge. if we would have known this we have taken to trial and proved his self defense. conviction was on 2/27/20..
the money is there idk what the fee is I want my son him . I just can't touch it for several years. I'm in Texas

What you are describing is not ineffective assistance. The defense attorney has two options before trial: negotiate a plea or prepare for trial. Typically, both happen simultaneously to some degree. The defense can't force the prosecutor to offer a lessor charge. And it doesn't matter if the attorney knew the victim's family didn't want the death penalty. Hopefully, the defense attorney did advise your LO as to the viability of the self defense claim in light of the charges and potential penalties. But as Yourself stated, a self defense claim is risky because you are making it at trial - meaning you are now flying without the net of a plea deal. You are, by definition, admitting that you killed someone; you are simply offering a justification for the murder that hopefully will be legally sufficient. If you bet wrong, there's no easier conviction for a jury to make than one where the defendant just said he did it.
Reply With Quote
  #6  
Old 04-23-2020, 01:21 PM
yourself yourself is offline
attorney
 

Join Date: May 2010
Location: around
Posts: 12,144
Thanks: 4,405
Thanked 22,337 Times in 7,756 Posts
Default

Quote:
Originally Posted by enigmaingr View Post
What you are describing is not ineffective assistance. The defense attorney has two options before trial: negotiate a plea or prepare for trial. Typically, both happen simultaneously to some degree. The defense can't force the prosecutor to offer a lessor charge. And it doesn't matter if the attorney knew the victim's family didn't want the death penalty. Hopefully, the defense attorney did advise your LO as to the viability of the self defense claim in light of the charges and potential penalties. But as Yourself stated, a self defense claim is risky because you are making it at trial - meaning you are now flying without the net of a plea deal. You are, by definition, admitting that you killed someone; you are simply offering a justification for the murder that hopefully will be legally sufficient. If you bet wrong, there's no easier conviction for a jury to make than one where the defendant just said he did it.
I think what the OP is kinda describing is an imperfect self defense strategy for trial. Dunno. It is not clear.

For the viewing audience, imperfect self defense may apply (*may) when a person takes a case to trial and asserts a defense that does not completely apply. Self defense means that if the defendant did not kill the victim (in case of murder), that defendant or somebody right there at the time of the killing would have been murdered.

This can take a charge down a notch. Another trial tactic Is to try for a lesser charge - it was not first degree premeditated murder, it was manslaughter. This also admits much of the conduct, but says that there was no premeditation or that some other element was missing. Most think that premeditation is the easy one to try to disrupt in as far as elements go, but this is not the case. Premeditation can happen in the instant before the person actually dies.

Either way, to try to appeal under IAC, you are going to need much more egregious conduct that decisions about how to go forward and whether or not the Defendant should accept a plea. It will be expensive to go forward with an appeal. It will be even more expensive to go forward with a trial, especially one involving something like self defense or imperfect self defense. And the end result could be the defendant on death row if a jury does not buy into the defense.
Reply With Quote
The Following User Says Thank You to yourself For This Useful Post:
sidewalker (04-24-2020)
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
She was his trial atty now trying to be his parole atty lollyg Texas Parole, Probation, Work Release & Community Service 0 12-22-2014 03:27 AM
Inheritance? Babsmitty Michigan Prison and Legal News & Events 10 07-05-2011 05:36 AM
* Court Fees & DNA fees (reception fees) * ruchile82 Riker's Island Jail - New York 2 06-29-2010 11:12 AM
How long do the LEIN's take? 1dayclosertohim Prison & Jail Wedding Information Central 6 09-18-2008 08:17 PM
Laws re: inheritance Rendant Husbands & Boyfriends in Prison 9 12-01-2003 01:59 PM


All times are GMT -6. The time now is 02:52 PM.
Copyright © 2001- 2019 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics